In a letter to House and Senate leaders of both political parties, Dorn says the state constitution assigns responsibility for “all matters pertaining to public schools” to the Office of the Superintendent of Public Instruction.
But Initiative 1240, which he opposed, establishes the Washington Charter School Commission and allows it to manage and enforce charter school contracts independent of his office.
This structure is clearly unconstitutional, but can be easily repaired," he writes. A simple amendment to make the Superintendent of Public Instruction the elected official responsible for the administration of education, responsible for state level administration of the new Charter Schools would create a structure consistent with the Constitution, and our current system of public school governance.
The voters have decided in favor of creating a new system of public charter schools. By working together on some simple language changes to I-1240, we can honor that decision without violating our constitutional system of education governance.
For months, Dorn's talked of challenging the legality of the initiative in court. Today's letter signals his desire to avoid a nasty legal fight by legislative means. But the amendment he seeks must be passed by a two-thirds majority in both chambers which is a tall order
If it doesn't happen a lawsuit is still possible.
“He's not ruling it out,” said OSPI spokeswoman Kristen Jaudon.
Meanwhile, the Washington Education Association, the state's largest teachers union, is pondering a legal challenge of the charter school law as well.
And while opponents are mulling their next step, the state Board of Education today rolled out proposed rules for implementing the law. The board plans to adopt the rules by March 6.
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